intention supremacy and the theories of judicial review

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Intention Supremacy And The Theories Of Judicial Review

Author : John McGarry
ISBN : 9781317517603
Genre : Law
File Size : 76. 52 MB
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In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts’ jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts’ judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy – and, in turn, the relationship between Parliament and the courts – is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.

Der Geist Der Gesetze

Author : Charles Louis de Secondat de Montesquieu
ISBN : BSB:BSB10814640
Genre :
File Size : 47. 62 MB
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The Constitutional Foundations Of Judicial Review

Author : Mark Elliott
ISBN : 9781841131801
Genre : Law
File Size : 89. 98 MB
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Recent years have witnessed a vibrant debate concerning the constitutional basis of judicial review, which reflects a broader discourse about the role of the courts, and their relationship with the other institutions of government, within the constitutional order. This book comprehensively analyzes the foundations of judicial review. It subjects the traditional justification, based on the doctrine of ultra vires, to critical scrutiny and fundamental reformulation, and it addresses the theoretical challenges posed by the impact of the Human Rights Act 1998 on administrative law and by the extension of judicial review to prerogative and non-statutory powers. It also explores the relationship between the theoretical basis of administrative law and its practical capacity to safeguard individuals against maladministration. The book seeks to develop a constitutional rationale for judicial review which founds its legitimacy in core principles such as the rule of law, the separation of powers and the sovereignty of Parliament. It presents a detailed analysis of the interface between constitutional and administrative law, and will be of interest to all public lawyers.

Not Quite Supreme

Author : Dennis Baker
ISBN : 9780773580701
Genre : LAW
File Size : 40. 77 MB
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A critique of the Supreme Court of Canada's power and a defence of Parliament's role in constitutional interpretation.

In Defense Of The Text

Author : Leslie Friedman Goldstein
ISBN : UOM:39015024903547
Genre : Law
File Size : 57. 46 MB
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'...a 'must read' for all students of constitutional law, whatever their academic discipline...this excellent book accomplishes the author's purpose: it forces us to take textualism seriously.'-LEGAL STUDIES FORUM

Why Law Matters

Author : Alon Harel
ISBN : 9780191030734
Genre : Law
File Size : 29. 42 MB
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Contemporary political and legal theory typically justifies the value of political and legal institutions on the grounds that such institutions bring about desirable outcomes - such as justice, security, and prosperity. In the popular imagination, however, many people seem to value public institutions for their own sake. The idea that political and legal institutions might be intrinsically valuable has received little philosophical attention. Why Law Matters presents the argument that legal institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Harel advances the argument in several ways. Firstly, he examines the value of rights. Traditionally it is believed that rights are valuable because they promote the realisation of values such as autonomy. Instead Harel argues that the values underlying (some) rights are partially constructed by entrenching rights. Secondly he argues that the value of public institutions are not grounded (ONLY) in the contingent fact that such institutions are particularly accountable to the public. Instead, some goods are intrinsically public; their value hinges on their public provision. Thirdly he shows that constitutional directives are not mere contingent instruments to promote justice. In the absence of constitutional entrenchment of rights, citizens live "at the mercy of" their legislatures (even if legislatures protect justice adequately). Lastly, Harel defends judicial review on the grounds that it is an embodiment of the right to a hearing. The book shows that instrumental justifications fail to identify what is really valuable about public institutions and fail to account for their enduring appeal. More specifically legal theorists fail to be attentive to the sentiments of politicians, citizens and activists and to theorise public concerns in a way that is responsive to these sentiments.

Constitutional Interpretation Powers Of Government

Author : Craig Ducat
ISBN : 9780495503231
Genre : Political Science
File Size : 21. 70 MB
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One of the best-known, most comprehensive, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL LAW, Ninth Edition, is updated to reflect current issues and cases relevant to students. Offering a good balance between textual explanation and edited court cases written in clear, concise language, this text remains the standard text for both students and instructors alike. CONSTITUTIONAL LAW, Ninth Edition, is popular with instructors because it explains difficult concepts extensively and clearly and, at times, graphically. In addition, each chapter possesses a stand-alone quality, giving the instructor complete freedom to use whatever he or she wishes, by chapter and within chapters. Throughout, major cases, notes, and charts are bridged with text so students can clearly see how one concept relates to another. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

The Supreme Court Review 2011

Author : Dennis J. Hutchinson
ISBN : 9780226995502
Genre : Law
File Size : 58. 64 MB
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For fifty years, The Supreme Court Review has been lauded for providing authoritative discussion of the Court’s most significant decisions. The Review is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. Recent volumes have considered such issues as post-9/11 security, the 2000 presidential election, cross burning, federalism and state sovereignty, failed Supreme Court nominations, and numerous First and Fourth amendment cases.

The People Themselves

Author : Larry D. Kramer
ISBN : 0195306457
Genre : Law
File Size : 64. 58 MB
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Examines the distinct difference between how the people and the founding fathers viewed the new Constitution and how it is interpreted over two hundred years later and maintains that originally the people were the ones responsible for seeing that its concepts were properly implemented.

Common Law

Author : Oliver Wendell Holmes
ISBN : 3428121511
Genre : Common law
File Size : 24. 33 MB
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